Military Criminal Offenses No Longer Excluded From Benefit Suspension

     From a recent change in Social Security's Program Operations Manual Series (POMS):

We are removing the NOTE in GN 02607.001.B,2, based on an Office of General Counsel (OGC) review that determined that the agency only looks to the United States Code and State penal laws for identifying and codifying a civilian’s criminal act. The plain language of the Social Security Act does not carve out an exception for military personnel or suggest that criminal offenses in the Uniform Code of Military Justice are not considered criminal offenses when applying the suspension provisions. Likewise, 20 C.F.R. § 404.468 does not include an exception for military tribunal decisions.

     I was not aware that they had been excluding those imprisoned due to military criminal offenses from having their benefits suspended.